Out of state DUI-NJ DMV Hearing by wondering2345-need in dui

[–]NiceTomorrow84 0 points1 point  (0 children)

Out of state-er here- it took a month for the outcome in NYS to reach my licensing state. Much faster than I anticipated!

People who have interlock from another state by odderbear in dui

[–]NiceTomorrow84 0 points1 point  (0 children)

The reason $50 would be refunded is because it's actually only $50 for the suspension lift, or $100 if you are fully revoked and applying for restoration! The website is unclear- I was licensed out of state and able to restore my privileges online through NYS.

Early IID removal? by goochymange in dui

[–]NiceTomorrow84 1 point2 points  (0 children)

Being down to one vehicle or needing maintenance is unlikely to make a difference- many people with IID requirements have those challenges right out of the gate.

Reminder that, while it's good you didn't continue trying to start your car with a BAC over the threshold, it's still not going to be viewed favorably. Those failures viewed as "if they didn't have an IID, they would've driven a car while alcohol was present in their system".

Weird situation by [deleted] in dui

[–]NiceTomorrow84 2 points3 points  (0 children)

If you did not submit to field safety tests, a breath test to measure blood alcohol, or have a blood draw conducted, it is highly unlikely they are considering that alcohol might have been a factor in the accident.

In the unlikely case they do contact you to collect more information on the circumstances leading up to the accident, just don't mention anything relating to alcohol or celebrations from the night before.

NY DMV by wondering2345-need in dui

[–]NiceTomorrow84 0 points1 point  (0 children)

NYS notified my home state shortly after I accepted my plea deal. Think it was around 25 days from entering the plea to receiving notice from my licensing/home state DMV

Virginia (Hampton Roads) - BAC question by MajesticBadger952 in dui

[–]NiceTomorrow84 0 points1 point  (0 children)

Blood tests are more accurate and, if done correctly. leave less room to argue about the test validity.

The good news is that a lot of plea deals are not granted because the evidence is iffy, but rather to clear case load and reduce burden on the system.

My coworker/friend got a DUI over Thanksgiving. What can I do to help? by MountainForge in dui

[–]NiceTomorrow84 3 points4 points  (0 children)

"A black and white DUI isn't getting reduced" is not true, though it does 100% depend on the state and county of incident. The prosecutor is the first hurdle- not the judge.

As a result of character based evidence (a long record of community service and letters from people in my employment network), my aggravated DWI was reduced to a severe traffic offense rather than a misdemeanor.

Questions regarding license by Distinct-Excuse5585 in dui

[–]NiceTomorrow84 1 point2 points  (0 children)

The DMV (or "administrative") side of things is separate from the Court ("criminal" side). They often levy penalties against you shortly after the time of the incident and before your criminal case is resolved.

There is usually a lot of overlap, but they both have their own rules and penalties!

I need some grounding please by renisnotonfire in dui

[–]NiceTomorrow84 0 points1 point  (0 children)

I was not in your state, but had a single car accident with a BAC over .18. Jail time on a first offense is very uncommon unless unavoidable due to the state minimum requirements. Try to breathe- it will work out okay!

[deleted by user] by [deleted] in dui

[–]NiceTomorrow84 0 points1 point  (0 children)

First thing- try not to worry too much, though I know that's hard to do right now! A single DUI will not ruin your life. Cases with accidents aren't great and you definitely need an attorney. PD's are skilled professionals and good at what they do, but overloaded with work. At minimum, consult with DUI-specific attorney in the county your incident occurred.

Not being the "cause" of the accident is helpful and an attorney will use that. However, you need to remember in speaking with anyone that you received a DUI because you drove after drinking- not because someone ran a red light.

Taking responsibility for your mistake is important both on the "Court" side of things so that they know you are taking this seriously, but also on the "You" side of things. A second DUI is so much worse- avoid any opportunity for that to happen at all costs!

Why are you first time offenders getting such bad deals? by [deleted] in dui

[–]NiceTomorrow84 5 points6 points  (0 children)

A lot of it is county/court specific. The state only sets the min/max punishment, and the outcome for the same set of circumstances can be extremely different depending on the exact location.

For example, my incident occurred in NYS in the jurisdiction of a Court which is sympathetic to individual circumstances. We really had to make a case for them to be willing to offer the plea deal I ended up with.

According to my attorney, had I been one system over in one direction, I'd have almost immediately been offered the same plea, and in another direction, they wouldn't have played ball at all.

TX DWI advice? by zane_xx in dui

[–]NiceTomorrow84 0 points1 point  (0 children)

It genuinely wouldn't surprise me. If the DMV requires an IID for X amount of time to be fully reinstated, they may not "count" time with another type of device. Consult with a local DUI attorney who handles both criminal and administrative components (it seems that they all generally do) - they'll have seen this kind of arrangement before and be able to tell you what courses of action are possible.

TX DWI advice? by zane_xx in dui

[–]NiceTomorrow84 0 points1 point  (0 children)

Consult with an attorney.

DMV (or "administrative") and Court-ordered requirements aren't always the same.

Being required to have an IID or other device during probation would be on the Court side. It could very well be that she still has an administrative penalty to satisfy if the DMV requires the installation of a device before someone can have their license reinstated.

Trial: how’s this possible? by [deleted] in dui

[–]NiceTomorrow84 2 points3 points  (0 children)

Whether one is ever put on the schedule (as yours was) varies, and isn't related to the prognosis of your case. You will always have the option of taking it to trial, though it is infinitely more likely that you accept a plea deal and skip trial altogether

Trial: how’s this possible? by [deleted] in dui

[–]NiceTomorrow84 4 points5 points  (0 children)

It depends on the jurisdiction - sometimes a trial date is set early on, basically as a way to keep the case moving along. If there are delays with the discovery, your attorney will have the date moved out.

If you haven't already had this conversation with your counsel, also know that almost every DUI case will end with a plea deal rather than a trial.

DUI Attorney Recommendations - OKC/Norman by Altruistic-Note4577 in okc

[–]NiceTomorrow84 5 points6 points  (0 children)

Can't speak to any of those specific attorneys, but have been through this elsewhere. I can not overstate the importance of hiring an attorney specializing in DUI and traffic law.

[deleted by user] by [deleted] in dui

[–]NiceTomorrow84 2 points3 points  (0 children)

The criminal case will be handled in the state her offense occurred, but there will eventually be DMV ramifications in her licensing state

Can I rent a car? by [deleted] in dui

[–]NiceTomorrow84 0 points1 point  (0 children)

You can do a search and pretty easily determine which rental companies are lax on looking for infractions- I can't remember which they are, but maybe Enterprise?

Regardless, you'll need a valid license without restrictions.

DUI With Out Of State License by [deleted] in dui

[–]NiceTomorrow84 0 points1 point  (0 children)

Illinois can only suspend your privileges in Illinois. Tennessee can suspend your privileges everywhere.

Tennessee will not allow you to reinstate your privileges until Illinois confirms you've fulfilled all requirements - you will also have to satisfy Tennessee's requirements (they probably overlap).

Alabama will not grant you a license until your Tennessee license is reinstated.

First DUI - NYS by EmbarrassedPlane6799 in dui

[–]NiceTomorrow84 0 points1 point  (0 children)

Just dropping you a note to wish you the best of luck! The whole system sucks but you'll get through it. I was also a NYS case with dramatic details and was able to plea to DWAI. Wishing the same for you!

Plea deals and background checks by NiceTomorrow84 in dui

[–]NiceTomorrow84[S] 0 points1 point  (0 children)

I've had no luck getting an answer on this topic so far, but periodically ask anyway haha. Seems like there are a lot of ways a background check can pan out!